BILL NUMBER: SB 955	CHAPTERED  10/10/99

	CHAPTER   634
	FILED WITH SECRETARY OF STATE   OCTOBER 5, 1999
	APPROVED BY GOVERNOR   OCTOBER 5, 1999
	PASSED THE SENATE   SEPTEMBER 9, 1999
	PASSED THE ASSEMBLY   SEPTEMBER 7, 1999
	AMENDED IN ASSEMBLY   SEPTEMBER 2, 1999
	AMENDED IN ASSEMBLY   AUGUST 16, 1999
	AMENDED IN ASSEMBLY   JUNE 24, 1999
	AMENDED IN SENATE   APRIL 15, 1999

INTRODUCED BY   Senator Escutia

                        FEBRUARY 25, 1999

   An act to add Sections 11462.07 and 16500.1 to the Welfare and
Institutions Code, relating to child welfare services, and making an
appropriation therefor.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 955, Escutia.  Child welfare services:  out-of-home care.
   Under the Aid to Families with Dependent Children-Foster Care
(AFDC-FC) program, payments are made to foster care providers,
including group homes, in accordance with specified rate
reimbursement provisions.
   This bill would increase reimbursement rates for certain group
home providers for the 1999-2000 fiscal year.
   Because funds are continuously appropriated from the General Fund
to pay a share of the cost of AFDC-FC payments, the bill would
constitute an appropriation.
   Because each county is required to pay for a share of the cost of
the AFDC-FC payments, the bill would create a state-mandated local
program.
   Existing law provides for the establishment and support of a
public system of statewide child welfare services and requires all
counties to have sole responsibility for the operation of the child
welfare services program.
   This bill would establish various goals with respect to serving
the needs of children who are alleged to be abused or neglected and
would require the state and the State Department of Social Services
to encourage the development of approaches to child protection that
include taking specified actions in order to achieve these goals.  It
would further require the department to report to the Legislature on
the results of these new provisions by January 1, 2002.
  The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state.  Statutory provisions establish procedures for making that
reimbursement, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
   Appropriation:  yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 11462.07 is added to the Welfare and
Institutions Code, to read:
   11462.07.  Notwithstanding subdivision (h) of Section 11462, for
the 1999-2000 fiscal year, a group home program that received an
AFDC-FC rate for the 1998-99 fiscal year at or above the standard
rate for its RCL for that fiscal year shall have its rate increased
by the same percentages and on the same effective dates as provided
for in subparagraphs (A) and (B) of paragraph (1) of subdivision (g)
of Section 11462.
  SEC. 2.  Section 16500.1 is added to the Welfare and Institutions
Code, to read:
   16500.1.  (a) It is the intent of the Legislature to use the
strengths of families and communities to serve the needs of children
who are alleged to be abused or neglected, as described in Section
300, to reduce the necessity for removing these children from their
home, to encourage speedy reunification of families when it can be
safely accomplished, to locate permanent homes and families for
children who cannot return to their biological families, to reduce
the number of placements experienced by these children, to ensure
that children leaving the foster care system have support within
their communities, to improve the quality and homelike nature of
out-of-home care, and to foster the educational progress of children
in out-of-home care.
   (b) In order to achieve the goals specified in subdivision (a),
the state shall encourage the development of approaches to child
protection that do all of the following:
   (1) Allow children to remain in their own schools, in close
proximity to their families.
   (2) Increase the number and quality of foster families available
to serve these children.
   (3) Use a team approach to foster care that permits the biological
and foster family to be part of that team.
   (4) Use team decisionmaking in case planning.
   (5) Provide support to foster children and foster families.
   (6) Ensure that licensing requirements do not create barriers to
recruitment of qualified, high quality foster homes.
   (7) Provide training for foster parents and professional staff on
working effectively with families and communities.
   (8) Encourage foster parents to serve as mentors and role models
for biological parents.
   (9) Use community resources, including community-based agencies
and volunteer organizations, to assist in developing placements for
children and to provide support for children and their families.
   (10) Ensure an appropriate array of placement resources for
children in need of out-of-home care.
   (c) In carrying out the requirements of subdivision (b), the
department shall do all of the following:
   (1) Consider the existing array of program models provided in
statute and in practice, including, but not limited to, wraparound
services, as defined in Section 18251, children's systems of care, as
provided for in Section 5852, the Oregon Family Unity or Santa Clara
County Family Conference models, which include family conferences at
key points in the casework process, such as when out-of-home
placement or return home are considered, and the Annie E. Casey
Foundation Family to Family initiative, which uses team
decisionmaking in case planning, community-based placement practices
requiring that children be placed in foster care in the communities
where they resided prior to placement, and involve foster families as
team members in family reunification efforts.
   (2) Ensure that emergency response services, family maintenance
services, family reunification services, and permanent placement
services are coordinated with the implementation of the models
described in paragraph (1).
   (3) Ensure consistency between child welfare services program
regulations and the program models described in paragraph (1).
   (d) The department, in conjunction with stakeholders, including,
but not limited to, county child welfare services agencies, foster
parent and group home associations, the California Youth Connection,
and other child advocacy groups, shall review the existing child
welfare services program regulations to ensure that these regulations
are consistent with the legislative intent specified in subdivision
(a).  This review shall also determine how to incorporate the best
practice guidelines for assessment of children and families receiving
child welfare and foster care services, as required by Section
16501.2.
   (e) The department shall report to the Legislature on the results
of the actions taken under this section on or before January 1, 2002.

  SEC. 3.  Notwithstanding Section 17610 of the Government Code, if
the Commission on State Mandates determines that this act contains
costs mandated by the state, reimbursement to local agencies and
school districts for those costs shall be made pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the
Government Code.  If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.
